Educator & Librarian Exchange

SAMPLE AGREEMENT FOR MOTOR VEHICLES

"Sometimes when you look in his eyes you get the feeling that someone else is driving."
- David Letterman, CBS television talk-show host--- probably referring to a U.S. politician.

You are welcome to copy or edit all contracts to fit your circumstances. We recommend you have an attorney review and possibly revise all sample agreements.

It is important to have clear expectations when temporarily exchanging vehicles. You want to be up front with who is responsible for maintenance, repairs, insurance and any limits on mileage. (Is it okay they travel throughout Europe when not teaching or up and down the west coast?)

Definitions: "Owner" - the person with legal ownership of the vehicle. "User"- the person who has right of temporary use of the vehicle. "Owner's Agent" - person nominated by the owner to act on behalf of the owner.

We, the undersigned, agree to the following conditions.

1. The exchange of vehicles will be from Day ____ Month ____ Year _____ to Day ___ Month ___ Year ____
2. The Owner or the Owner's Agent will pay all insurance and registration fees in his/her own country.
3. Both Owners will leave their vehicles clean and in good mechanical condition before the commencement of the Exchange. All major systems should be recently checked (steering, brakes, electrical components, ignition, cooling, transmission, suspension, motor & tires) and "Certificate of Mechanical Fitness" obtained. The motor should be tuned and serviced. The replacement of oil and air filters should be carried out just prior to the Exchange.
4. Each vehicle may be driven an unlimited distance or shall not be driven a distance of no more than ________
5. Both vehicles are to be driven on properly constructed road surfaces in good condition or on leveled-off road surfaces only.
6. The Owner is to provide the User with the registration papers and a copy of the insurance policy for the exchange vehicle.
7. The Owner should provide the User with a list of any minor defects in the vehicle.
8. Neither vehicle shall be driven by any person other than those specified without the permission of the owner.
9. All drivers will obtain the appropriate license for that country and will comply with the relevant laws concerning motor vehicle use in that country.

REGULAR SERVICE

1. Both vehicles are to be serviced according to the service manual provided. (or as instructed by the Owner.)
2. The User is responsible for all service costs.

BREAKDOWNS AND REPAIRS

1. Owner is responsible for any costs that can be attributed to mechanical failure due to normal usage for which the vehicle was designed.
2. User is to contact the Owner or the Owner's Agent if such a mechanical failure should occur to obtain authorization to have repairs carried out as quickly and as conveniently as possible. Accounts are to be presented to the Owner or the Owner's Agent for payment.
3. User is responsible for any costs incurred that can be attributed to neglect, accident or misuse of the vehicle.

ACCIDENTS AND REPAIRS

1. The User is responsible for the basic excess on the policy.
2. Repair costs, if less than $500.00, are to be paid by the User.
3. Accidents are to be reported to the police within 24 hours if damage has occurred or a person has been injured.
4. Any increased premium rates placed on the policy are to be paid by the User for a period of two years.
5. In the case of an accident for which the User is not at fault then claims will be made on the other party's insurance at no cost to the Owner of the exchanged vehicle.
6. In the event that the Owner's Insurer refuses to meet a claim as a result of any action by the User allowing the Insurer to void the claim (e.g. drink driving, invalid license, negligence) then the User shall be responsible for the claim or claims in its or their entirety.

"It's not what you look at that matters, it's what you see." -- Henry David Thoreau